Opinion
November 7, 1955.
Upon the pleadings and in view of the remedy sought, it appears that plaintiff has not established her cause of action by evidentiary facts as required by rule 113 of the Rules of Civil Practice. Order unanimously reversed, without costs, the motion for summary judgment granted, and judgment is directed to be entered in favor of the defendant dismissing the complaint herein, without costs.
Concur — Breitel, J.P., Bastow, Botein, Rabin and Bergan, JJ.